Property disputes can arise at any time, including before, during, or after the sale of real estate. Conflicts are also common in zoning and land use regulations, ownership rights, and landlord-tenant agreements.
Any dispute related to real property falls under the real estate litigation umbrella. Our job at DeBlasio & Gower Attorneys is to help our clients resolve disputes regarding real estate law either in or out of court. We also work with our clients to help avoid conflict in the first place. To learn more, contact us for a consultation at (630) 560-1123.
Common Types of Real Estate Disputes
Real estate law involves both residential and commercial property. Numerous disputes can arise depending on the type of property, the parties involved, and what each party believes their rights to be. Some of the most common include:
Boundary Disputes and Property Rights
Each piece of property is unique, and it has a specific set of boundaries pre-determined. However, record keeping has evolved over the years, and sometimes there are mistakes about where one owner’s property begins and the other ends. These disputes may be resolved amicably or require more complex litigation.
Conflict about mineral rights or other resources attached to the land is also common, as are the various ways in which a parcel of land may be used, which is related to zoning.
Breach of Contract
Real estate litigation and business litigation often overlap, especially when commercial property is involved, or there is a disagreement between partners over investment properties.
A breach of contract in real estate can include a wide range of issues, such as:
– Failing to deliver marketable title
– Failing to go through with the purchase or sale of land
– Breaches in land use agreements
– Failing to deliver a deed as prescribed
– Failing to secure funding for a loan
– Disputes about the condition of the property or the timeframe of availability
Easements and Encumbrances
An easement involves giving someone else permission to use or access a portion of someone’s land, and an encumbrance is a claim against a part of the property by someone who is not the owner.
For example, a driveway that someone else can legally access may be an easement. An encumbrance, on the other hand, may be physical or contractual, and it can include easements. Depending on the circumstances of an easement or encumbrance, there can be disputes that arise that require the advice of a legal professional.
The interplay between landlords and tenants can be complex, especially in light of state and federal legislation that was passed during the pandemic. It’s natural for both landlords and tenants to have high expectations of each other, but those expectations may or may not be supported by legal obligations. Speaking with a real estate litigation attorney can help clear up these ambiguities.
Contract an Illinois Real Estate Litigation Attorney Today
A real estate transaction can involve several parties with conflicting interests. While most of these transactions are completed without issue, when a dispute arises, the stakes can be incredibly high. At DeBlasio & Gower, our real estate litigation team has successfully represented buyers, sellers, commercial and residential landlords and tenants property owners and developers, to protect their rights and assets. Please don’t hesitate to contact us at (630) 560-1123 to discuss your potential case,